A Guide For Recognizing & Reporting Child Abuse & Neglect - Washington
PROTECTING the Abused & Neglected Child A Guide for Recognizing & Reporting Child Abuse & Neglect Every child has the basic human right to be safe.
Table of Contents Protecting the Abused & Neglected Child 1 Introduction 1 Recognizing Child Abuse and Neglect 5 6 6 Reporting Child Abuse and Neglect Report 9 Will my name be revealed as the reporter? What is my responsibility after reporting child abuse or neglect? Will I receive feedback from CPS? Legal Authority for CPS Investigation 12 13 13 What happens after a report is made? What happens if a report does not meet the definition of child abuse or neglect? What services may be provided? What if a child must be removed from the home? Questions and Concerns About Reporting Suspected Child Abuse 11 How should I respond to a child who reports being abused or neglected? The Child Protective Services (CPS) Response 11 Why should I report? Who must report? When should I report? What if I’m not sure I should make a report? What if the abuse occurred in the past? Who do I make a report to? What information will I be asked to provide? Must I give my name? Can I be sued for making a report? What happens if someone knowingly makes a false report? What if I do not report? Should I tell the parents I made a report? Responding to the Child 9 Domestic Violence Corporal Punishment Unsupervised or “Latchkey” Children Failure to Obtain Medical Care Prenatal Substance Abuse Newborn Safety Act Record What are the legal definitions of Child Abuse and Neglect? Types of Abuse What are the signs and symptoms of Child Abuse and Neglect? Potential Child Abuse and Neglect Situations Recognize Purpose of the Child Abuse Reporting Law Release of Records to CPS Interviewing children Photographs CA Resources Help to Protect Our Children Help Address Racial Disproportionality A GUIDE FOR RECOGNIZING & REPORTING CHILD ABUSE & NEGLECT community partnerships working together
Introduction Every child has the basic human right to be safe. Child abuse and neglect threaten a child’s safety by placing him/her at risk of physical and emotional injuries and even death. Child abuse and neglect occur in all cultural, ethnic, occupational, and socioeconomic groups. While the true extent of child abuse and neglect is not completely known, the Children’s Bureau of the Administration on Children, Youth and Families reports through the National Child Abuse and Neglect Data System in 2012, an estimated 3.4 million reports were received by Child Protective Service agencies in the United States alleging that 6.3 milion children were maltreated by their parents or guardians. Nationally, approximately 1,560 children die each year as a result of maltreatment. During 2013, Washington State Child Protective Services received more than 88,709 reports of child abuse and neglect, and more than 41,533 of them were screened in for investigation or other intervention. Parents have the fundamental right to raise their children, and our community presumes that parents will act in their children’s best interest. When parents do not protect children from harm and put them at risk of abuse or neglect, the community has a responsibility to intervene to protect the health and welfare of children. While everyone should be concerned about child abuse and neglect, certain professionals and other individuals are required by law to report suspected child abuse or neglect. This guide is designed to help mandated reporters understand the child abuse reporting law. For further information, contact the Department of Social and Health Services, Division of Children and Family Services (DCFS), CPS, or your local law enforcement agency. Purpose of the Child Abuse Reporting Law The purpose of the Washington State law, Revised Code of Washington (RCW) Chapter 26.44, is to protect children who have been non-accidentally injured, sexually exploited, or deprived of the right to minimal nurture, health, and safety by their parents, custodian, or guardian. While the State respects the bond between parent/guardian and child, the State does assert the right to intervene for the general welfare of the child when there is a clear and present danger to the child’s health, welfare, or safety. The State does not intend to interfere with reasonable parental discipline and child-raising practices that are not injurious to the child. It is the intent of the law that comprehensive protective services will be provided for abused, neglected, exploited, and abandoned children found in Washington State. CPS aims to assist parents or persons legally responsible for abused children to overcome the problems leading to abuse and neglect, strengthen families, and improve the general welfare of abused and neglected children. “Mandated reporters” are persons or groups of persons who have frequent contact with children and families and are required by Washington’s State law to report suspected cases of child abuse and neglect to CPS or to the appropriate law enforcement agency (RCW 26.44.030). It is the intent of the law that these designated persons, who are in positions to identify children who are at risk from abuse and neglect, will report suspected child abuse and neglect so that the need for protective services can be assessed. Recognizing Child Abuse and Neglect Recognize Washington statute defines child abuse or neglect: ’Abuse or neglect’ means sexual abuse, sexual exploitation, or injury of a child by any person under circumstances which cause harm to the child’s health, welfare, or safety or the negligent treatment or maltreatment of a child by a person responsible for or providing care to the child. (RCW 26.44.020). Negligence is further defined as: ‘Negligent treatment or maltreatment’ means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, that evidences a serious disregard of consequences of such magnitude as to constitute a clear and present danger to a child’s health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100. When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor to negligent treatment or maltreatment shall be given great weight. The fact that siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. Poverty, homelessness, or exposure to domestic violence as defined in RCW 26.50.010 that is perpetrated against someone other than the child does not constitute negligent treatment or maltreatment in and of itself. (RCW 26.44.020). 1 to r e p o r t c h i l d a b u s e & n e g l e c t c a l l : 1-866-e n d h a r m
Types of Child Abuse Physical Abuse: Physical abuse means the non-accidental infliction of physical injury on or physical mistreatment of a child. Physical abuse includes, but is not limited to, such actions as: 1. 2. 3. 4. 5. 6. Learn the signs of child abuse & neglect. Throwing, kicking, burning, or cutting a child; Striking a child with a closed fist; Shaking a child under age three; Interfering with a child’s breathing; Threatening a child with a deadly weapon; Doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks or which is injurious to the child’s health, welfare, and safety. (WAC 388-15-009). Sexual Abuse: Sexual abuse means committing or allowing to be committed any sexual offense against a child as defined in the criminal code. The intentional touching, either directly or through the clothing, of the sexual or other intimate parts of a child or allowing, permitting, compelling, encouraging, aiding, or otherwise causing a child to engage in touching the sexual or other intimate parts of another for the purpose of gratifying the sexual desire of the person touching the child, the child, or a third party. A parent or guardian of a child, a person authorized by the parent or guardian to provide childcare for the child, or a person providing medically recognized services for the child, may touch a child in the sexual or other intimate parts for the purposes of providing hygiene, child care, and medical treatment or diagnosis. Sexual Exploitation: Sexual exploitation includes, but is not limited to, such actions as allowing, permitting, compelling encouraging, aiding, or otherwise causing a child to engage in: 1. 2. 3. Prostitution; Sexually explicit, obscene, or pornographic activity to be photographed, filmed, or electronically reproduced or transmitted; or Sexually explicit, obscene, or pornographic activity as part of a live performance, or for the benefit or sexual gratification of another person. Negligent Treatment or Maltreatment: Negligent treatment or maltreatment means an act or a failure to act, or the cumulative effects of a pattern of conduct, behavior, or inaction, on the part of a child’s parent, legal custodian, guardian, or caregiver that shows a serious disregard of the consequences to the child and creates a clear and present danger to the child’s health, welfare, or safety: (a) When considering whether a clear and present danger exists, evidence of a parent’s substance abuse as a contributing factor must be given great weight. (b) The fact that the siblings share a bedroom is not, in and of itself, negligent treatment or maltreatment. (c) Poverty, homelessness, or exposure to domestic violence perpetuated against someone other than the child does not, in and of itself, constitute negligent treatment or maltreatment. (d) A child does not have to suffer actual damage or physical or emotional harm to be in circumstances that create a clear and present danger to the child’s health, welfare, or safety. 2 (e) Negligent treatment or maltreatment may include, but is not limited to one or more of the following: (i) Failure to provide adequate food, shelter, clothing, supervision, or health care necessary for a child’s health, welfare, or safety, such that the failure shows a serious disregard of the consequence to the child and creates a clear and present danger to the child’s health, welfare, or safety; (ii) Actions, failures to act, or omissions that result in injury or risk of injury to the physical, emotional, and/ or cognitive development of a child, such that it shows a serious disregard of the consequences to the child and creates a clear and present danger to the child’s health, welfare, or safety; (iii) The cumulative effects of a pattern of conduct, behavior, or inaction by a parent or guardian in providing for the physical, emotional or developmental needs of the child, such that it shows a serious disregard of the consequences to the child and creates a clear and present danger to the child’s health, welfare, or safety; community partnerships working together
(iv) The effects of chronic failure on the part of a parent or guardian to perform basic parental functions, obligations, or duties that causes injury or substantial risk of injury to the physical, emotional, or cognitive development of the child, such that it shows a serious disregard of the consequences to the child and creates a clear and present danger to the child’s health, welfare, or safety. Abandonment: A parent or guardian abandons a child when the parent or guardian is responsible for the care, education, or support of a child and: 1. 2. 3. Deserts the child in any manner whatsoever with the intent to abandon the child; Leaves a child without the means or ability to obtain one or more of the basic necessities of life such as food, water, shelter, clothing, hygiene, and medically necessary health care; or Forgoes for an extended period of time parental rights, functions, duties, and obligations despite an ability to exercise such rights, duties, and obligations. Abandonment of a child by a parent may be established by conduct on the part of a parent or guardian that demonstrates a substantial lack of regard for the rights, duties, and obligations of the parent or guardian or for the health, welfare, and safety of the child. Criminal activity or incarceration of a parent or guardian does not constitute abandonment in and of itself, but a pattern of criminal activity or repeated or long-term incarceration may constitute abandonment of a child. Recognize Recognizing Child Abuse and Neglect: Signs and Symptoms The first step in helping abused or neglected children is learning to recognize the signs of child abuse and neglect. The presence of a single sign does not prove child abuse is occurring in a family; however, when these signs appear repeatedly or in combination, you should take a closer look at the situation and consider the possibility of child abuse. The following signs may signal the presence of child abuse or neglect. THE CHILD: Shows sudden changes in behavior or school performance. Has not received help for physical or medical problems brought to the parents’ attention. Has learning problems (or difficulty concentrating) that cannot be attributed to specific physical or psychological causes. Is always watchful, as though preparing for something bad to happen. Lacks adult supervision. Is overly compliant, passive, or withdrawn. Comes to school or other activities early, stays late, or does not want to go home. THE PARENT: Shows little concern for the child. Denies the existence of—or blames the child for—the child’s problems in school or at home. Asks teachers or other caretakers to use harsh physical discipline if the child misbehaves. Sees the child as entirely bad, worthless, or burdensome. Demands a level of physical or academic performance the child cannot achieve. Looks primarily to the child for care, attention, and satisfaction of emotional needs. THE PARENT & CHILD: Rarely touch or look at each other. Consider their relationship entirely negative. State that they do not like each other. 3 to r e p o r t c h i l d a b u s e & n e g l e c t c a l l : 1-866-e n d h a r m
Consider the possibility of PHYSICAL ABUSE when: THE CHILD: Has unexplained burns, bites, bruises, broken bones, or black eyes. Offers conflicting explanations as to how the injury occurred. Has fading bruises or other marks noticeable after an absence from school. Is frightened of the parents and protests or cries when it is time to go home. Shrinks at the approach of adults. Reports injury by a parent or another adult caregiver. THE PARENT OR OTHER ADULT CAREGIVER: Offers conflicting, unconvincing, or no explanation for the child’s injury. Describes the child as “evil,” or in some other very negative way. Uses harsh physical discipline with the child. Has a history of abuse as a child. Consider the possibility of NEGLECT when: THE CHILD: Is frequently absent from school. Begs or steals food or money. Lacks needed medical or dental care, immunizations, or glasses. Is consistently dirty and has severe body odor. Lacks sufficient clothing for the weather. Abuses alcohol or other drugs. States that there is no one at home to provide care. THE PARENT OR OTHER ADULT CAREGIVER: Appears to be indifferent to the child. Seems apathetic or depressed. Behaves irrationally or in a bizarre manner. Is abusing alcohol or other drugs. Consider the possibility of SEXUAL ABUSE when: THE CHILD: Has difficulty walking or sitting. Suddenly refuses to change for gym or to participate in physical activities. Reports nightmares or bedwetting. Experiences a sudden change in appetite. Demonstrates bizarre, sophisticated, or unusual sexual knowledge or behavior. Becomes pregnant or contracts a venereal disease, particularly if under age 14. Runs away. Reports sexual abuse by a parent or another adult caregiver. THE PARENT OR OTHER ADULT CAREGIVER: Is unduly protective of the child or severely limits the child’s contact with other children, especially of the opposite sex. Is secretive and isolated. Is jealous or controlling with family members. 4 community partnerships working together
Consider the possibility of EMOTIONAL MALTREATMENT when: Emotional Maltreatment is not specifically defined in Washington State law. However, emotional maltreatment may occur at the same time with other forms of maltreatment. THE CHILD: Shows extremes in behavior, such as overly compliant or demanding behavior, extreme passivity, or aggression. Is inappropriately acting like an adult (parenting other children, for example) or inappropriately infantile (frequently rocking or head-banging, for example). Is delayed in physical or emotional development. Has attempted suicide. Reports a lack of attachment to the parent. THE PARENT OR OTHER ADULT CAREGIVER: Constantly blames, belittles, or berates the child. Is unconcerned about the child and refuses to consider offers of help for the child’s problems. Overtly rejects the child. Potential Child Abuse and Neglect Situations Domestic Violence: There is a high co-occurrence of domestic violence in cases of child abuse and neglect. However, a child’s exposure to domestic violence in and of itself, does not constitute child abuse and neglect. Domestic Violence is considered child abuse and neglect when it causes harm or creates a clear and present danger of harm to the child’s health, welfare, or safety. Corporal Punishment: “Physical discipline of a child, including the reasonable use of corporal punishment, is not considered abuse when it is reasonable and moderate and is inflicted by a parent or guardian for the purposes of restraining or correcting the child. The age, size, and condition of the child, and the location of any inflicted injury shall be considered in determining whether the bodily harm is reasonable or moderate. Other factors may include the developmental level of the child and the nature of the child’s misconduct. A parent’s belief that it is necessary to punish a child does not justify or permit the use of excessive, immoderate or unreasonable force against the child.” (WAC 388-15-009) “The following actions are presumed unreasonable when used to correct or restrain a child: (1) Throwing, kicking, burning, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) interfering with a child’s breathing; (5) threatening a child with a deadly weapon; or (6) doing any other act that is likely to cause and which does cause bodily harm greater than transient pain or minor temporary marks. The age, size, and condition of the child and the location of the injury shall be considered when determining whether the bodily harm is reasonable or moderate. This list is illustrative of unreasonable actions and is not intended to be exclusive.” (RCW 9A.16.100) Corporal punishment is not permitted in public schools, foster homes, group homes, and other child-care facilities. Unsupervised or “Latchkey” Children: Washington laws do not set a specific age for when a child legally can stay alone. Age alone is not a very good indicator of a child’s maturity level. Some very mature 10-year- old children may be ready for self-care while some 15-year-old children may not be ready, due to emotional problems or behavioral difficulties. Failure to Obtain Medical Care: Failure of a parent or caregiver to provide needed health care treatment for a condition that, if untreated, could result in illness, developmental delays, or endangerment can be reported to CPS as suspected medical neglect. Children with medically diagnosed diseases or disabilities or under the care of a medical practitioner are at increased risk for medical neglect. to r e p o r t c h i l d a b u s e & n e g l e c t c a l l : 1-866-e n d h a r m 5
Prenatal Substance Abuse In 2003, Congress enacted the Keeping Children and Families Safe Act, which requires each state to develop policies and procedures “to address the needs of infants born and identified as being affected by illegal substance abuse or withdrawal symptoms resulting from prenatal drug exposure.” In Washington State, health care providers are mandated reporters and are required to notify CPS when there is reasonable cause to believe a child has been abused or neglected. If a newborn has been identified as substance exposed or affected, this may indicate child abuse/neglect and should be reported. It is critical that mandated reporters provide as much information regarding issues/behaviors, risk factors, or positive supports that were observed during the interaction with the family. Newborn Safety Act The Newborn Safety Act is an act relating to the safety of newborn children. The Legislature’s intent in passing this law was to assure abandonment does not occur and all newborns have an opportunity for adequate health care and a stable home life. The Legislature intends to increase the likelihood pregnant women will obtain adequate prenatal care and will provide their newborns with adequate health care during the first few days of their lives. This law allows the parent to transfer a newborn (less than 72 hours old) anonymously and without criminal liability if the transfer to a qualified person is at an appropriate location. A qualified person is defined as “any person that the parent transferring the newborn reasonably believes is a bona fide employee, volunteer, or medical staff member of the hospital or federally designated rural health clinic and who represents to the parent transferring the newborn that he or she can and will summon appropriate resources to meet the newborn’s immediate needs; or a fire fighter, volunteer, or emergency medical technician.” When children disclose, take them seriously. An appropriate location is defined under this legislation as “the emergency department of a hospital licensed under chapter 70.41 RCW during the hours the hospital is in operation; or a fire station during its hours of operation and while fire personnel are present; or a federally designated rural health clinic during its hours of operation.” (RCW 13.34.360) Report Reporting Child Abuse and Neglect Why should I report? The purpose of mandated reporting is to identify suspected abused and neglected children as soon as possible so they can be protected from further harm. CPS cannot act until a report is made. Mandated reporters play a critical role in preventing any future harm to children. Without detection, reporting, and intervention, a child may die as a result of severe abuse or neglect, or remain a victim for the rest of his/her life. Reporting should be regarded as a request for an intervention into a suspected incident of abuse or neglect; a report does not necessarily constitute a proven fact – it is the raising of a question about the condition or state of a child. Making a report can begin a process that can help parents learn to care for and protect their own children. Who must report? Anyone who has reasonable cause to believe that a child has suffered abuse or neglect can, in good faith, report. If you are identified as a mandated reporter, you are required by law to report your concerns to the local Children’s Administration (CA) office, Child Abuse Hotline or law enforcement. State law RCW 26.44.030 requires the following people to report: 6 Medical practitioners (licensed health service providers, including: podiatrists, optometrists, chiropractors, registered or licensed nurses, dentists, osteopaths, surgeons, physicians and religious healing practitioners) Professional school personnel (including, but not limited to, teachers, counselors, administrators, child care facility personnel and school nurses) community partnerships working together
“Social services counselor” (anyone engaged in a professional capacity during the regular course of employment in encouraging or promoting the health, welfare, support or education of children, or providing social services to adults or families, including mental health, drug and alcohol treatment, and domestic violence programs) Coroners, medical examiners and licensed pathologists Registered pharmacists Licensed or certified child care providers or their employees Department of Social and Health Services employees Department of Early Learning employees Employees of state and private higher education institutions, including student employees, administrative, academic and athletic departments if they have reasonable cause to believe that a child has suffered abuse or neglect Juvenile probation officers Law enforcement Department of Corrections employees who become aware of possible child abuse or neglect during the course of their employment Staff of responsible living skills programs or HOPE centers Staff or volunteers in the Family and Children’s Ombudsman Office Any adult who resides with a child suspected to have suffered severe abuse Any supervisor with a nonprofit or for-profit organization which has a reasonable cause to believe that a child has suffered abuse or neglect caused by a person over whom he or she regularly exercises supervisory authority provided that the person alleged to have caused the abuse or neglect is employed by, contracted by, or volunteers with the organization and coaches, trains, educates, or counsels a child or children or regularly has unsupervised access to a child or children as part of the employment, contract, or voluntary service Guardians ad litem (GALs) Court Appointed Special Advocates (CASAs) When should I report? If there is reasonable cause to believe that a child has suffered abuse or neglect, the report must be made at the first opportunity, but in no case longer than 48 hours. The report must include the identity of the accused, if known. What if I’m not sure I should make a report? You should discuss the situation with your local CA office or Child Abuse and Neglect Hotline. If you are in doubt about what should be reported, it is better to make your concerns known than to remain silent and possibly allow a child to remain unprotected. What if the abuse occurred in the past? The reporting requirement does not apply to abuse or neglect that occurred during childhood if it’s discovered after the child has become an adult. However, if there is reasonable cause to believe other children are or may be at risk of abuse or neglect by the accused, the requirement does apply. Who do I make a report to? CA CPS intake staff receive reports either by phone, mail, or in person and assess these reports to determine if the report meets the legal definition of abuse or neglect, and how dangerous the situation is. Each school district has child abuse or neglect reporting protocols for school distrcit mandated reporters. Check with your local district to find out your district’s protocols. Remember, the law requires a mandated reporter to make a report or CAUSE a report to be made. CA offers several ways to report abuse: 1-866-EndHarm (1-866-363-4276) Daytime: Contact a local CA CPS office. A local CPS office can be located on the following link: ub/offices/general/OfficePick.asp Nights & Weekends: Call the Child Abuse and Neglect Hotline at 1-866-ENDHARM (1-866-363-4276). This number is Washington State’s toll-free, 24-hour, 7-day-a-week hotline for reporting suspected child abuse or neglect. 7 to r e p o r t c h i l d a b u s e & n e g l e c t c a l l : 1-866-e n d h a r m
Information about reporting abuse and neglect of children can be located at: http://www.dshs.wa.gov/ca/safety/abuseReport.asp?2 What information will I be asked to provide? Reports to CPS or a law enforcement agency MUST contain the following information, if known: Record The name, address, and age of the child and parent(s). The nature and extent of the child abuse or neglect. Any information about previous incidences of abuse or neglect. Whether the mother or father is of Indian ancestry. It is extremely important to provide information about risk and protective factors. This information will assist the Intake worker in determining whether the situation meets the legal definition of child abuse or neglect or risk of imminent harm. Examples of this information include: Extended family members. Family strengths that can help the parent(s) care for and protect the children. Parent’s(s’) resources and family strengths. Previous history of mental health disorder. History of substance use. Parent’s(s’) response to interventions, etc. If a crime has been committed, law enforcement must be notified. The name of the person making the report is not a requirement; however, mandated reporters must provide their name in order to satisfy their mandatory reporting requirement. Must I give my name? Providing your name is the only way to document a mandated reporter met the legal obligation to report supected child abuse and/or neglect. This also makes it possible for CA to contact you later if additional information is needed. Can I be sued for making a report? Any person who in good faith makes a report or gives testimony in regard to possible child abuse or neglect is immune from civil or criminal liability. Any administrator of a hospital or similar institution or licensed physician taking a child into custody, such as in the instance when a hospital hold is warranted, is also immune from liability (RCW 26.44.060) What happens if someone knowingly makes a false report? The law seeks to prevent reporting that can occur as a result of family or neighborhood disputes. A person who, intentionally and in bad faith, knowingly makes a false report of alleged abuse or neglect shall be guilty of a misdemeanor punishable in accordance with the RCW (RCW 9A.20.021). What if I do not report? Under Washington state law, mandated reporters who knowingly fail to make a
Introduction. Every child has the basic human right to be safe. Child abuse and neglect threaten a child's safety by placing him/her at risk of physical and emotional injuries and even death. Child abuse and neglect occur in all cultural, ethnic, occupational, and socioeconomic groups.
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